The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-20
AT THE UNIVERSITY.
Judge Sutherland's Third Lecture
on Law. ql ia

Having shown in the previous lecture
the origin, nature and authority of the
common laws, the professor resumed
the consideration Of it at greater length.
The English common law is the Gus
tomary law of the English people. 1t
defines the rights of individuals and pro-
vides for their protection; it prescribes
the power ofrulers, and struggles con-
stantly to mitigate the effects OF I'M
equality among men. The rules of the
common law were derived from prin-
ciples; but at certain periods, the people
grew in knowledge faster than they
could formulate new rules, and were
then hampered and kept back by prevl-
ouslE existing statutes, over which, in
each case, they finally broke by reyolu-
tons. The power of the English peo-
pie finally asserted itself in the estab-
iishment of the House of Commons.
The colonists first came TO America as
British subjects, and continued IN
colonial subsection for century.
The laws of England, as far as apple
able, were also the laws of the colonies
and the acts of the British Parliament,
in so far as they related to the Ameri-
can colonies, formed much of their
statutory code. In the Declaration OF
Rights, 1t is stated that the respective
colonies were entitled to the privileges
of the common law of England. To-
day we claim the same thing as her
itage brought by our anct stors; and we
have retained all parts of the old COM
mon law that harmonic with our belief
in the equality of mankind, and are not
otherwise unsuitable. Prior to the
Declaration of Independence, the deci-
sions of the English courts were author
even now their conclusions are acceded
though not binding in American court
decisions.
Each State, after the separation from
the mother country, so modified It's col
onial laws as to make them har
the Constitution, and each has
We therefore have in each State vir-
tually mixed jurisprudence of COM
mon law and statutory enactments,
w ulCA AOH COuoI1bukU O6O Sl l. LIS
of the English common law
to our own State governments results
from the ethical and rational nature of
hat common law. By reason of its
its power of adapting
tself to new circumstances, it may be
applied to any country or society. The
rules of the common law change, but
hey change only in accordance with its
not in violation of them. A
of its rules is only the re
suit of applying its principles to new
acts and circums anceS, while the
principles remain unchanged. Hence,
We have adopted from England no code
Of rules, but what is aptly termed the
lnwritten lava sort of legal logic or
mode of reasoning based upon recog-
lized truths.
The common law is as much a part
IF every new statute IS is the text of
.he statu e; and when any statute
conflicts with the principles of the COM
non law, and yet has vitality enough
10 assert itself, the latter yields only
ar enough to receive the statute, and
closes completely around it, admitting
nothing more. A statute ia addressed
10 people already possessed of the com
non law; it is graft on Ibis living
rec, and forms with it homogeneous
Init.
Our government has three depart
nents-legislative, executive, and Judi
;ial. The legislative branch enacts
lew laws or repeats existing ones. A
Itatute, to be valid, must be legislative.
lot executive nor judicial. 1t must be
uniform and universal
aw of action for the people. 1t desig-
hates what the law shall be. The execu-
i've branch enforces1the law. The Judi
,ial branch. 1.-THE courts) must e1pound
he law and administer justice. 1t must
determine what the law is, and should
he statute conflict with the Constilu-
ion, it must declare the law void. Our
Judicial department, in having author
ty to test the correctness of, and, if
necessary, to rescind any law, on the
,rouad that i is unconstitutional or in
conflict with the common law, thus
stands in a unique position as COM
pared with that of other nations, This
junction of the judiciary is unknown in
other countries, yet its existence here
has always been regarded as the great
est advantage to the nation at large.
A constitution was defined bv the
speaker as grant OF power to the gov
srnment by the people. 1t is not the
origin Of human rights in the fountain
Of law, nor a creator of any new
powers. 1t is declaration laid on pre-
existing conditions; a limitation of
governmental powers, which emanates
rom the people; and their Will so ex-
pressed cannot be gainsaid by any de-
oartment of government. Law that
ranscends it is void, and by virtue of
is permanent authority, it forms at
,nce the assurance and highest safety
If the citizen in regard TO the operation
If any law in the present or in the flu
,ure.
The next lecture will treat OF PER
onGt Rights" The class meets in the
University building at 10 Is a. N.